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Leveraging the Trade Preference Program to Secure a State’s Compliance with International Law Obligations

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This Article explores the use of the trade preference program to pressure a State to comply with its international law obligations. Examining recent international investment disputes involving Argentina, Ecuador, and the Russian Federation, this Article discusses the increasing role of U.S. and EU trade preference programs as retaliatory mechanisms for noncompliance. This Article concludes that the use of the trade preference program as a leveraging tool can meaningfully impact a host State involved in an international investment dispute, particularly where the host State either has not consented to arbitration or has allegedly failed to comply with an adverse award.

Affiliations: 1: a)Associate, White & Case LLP, Washington, DC,; 2: b)Regulatory Counsel, U.S. Food and Drug Administration, Washington, DC,


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